PAWAN KUMAR Vs. SUMAN LATA

JUDGEMENT

(1.) THE petitioner having suffered conviction and sentence in both Courts below, under Section 498A IPC, has assailed judgement dated 4.7.2008, passed by learned Additional Sessions Judge, Una in Criminal Appeal No. 4 of 2007, affirming judgement dated 29.1.2007/3.2.2007, passed in complaint No. 65 -1/2000 by learned Judicial Magistrate Ist Class, Court No. 1, Amb, District Una, H.P. The facts in brief are that respondent No. 1 has filed complaint against the petitioner and six others, namely, Poonam Devi, Mohan Lal, Julfi Ram, Jeeto Devi, Nisha Devi, Rajesh Kumar, under Sections 406, 494, 498A, 506 read with Section 120B IPC. Julfi Ram and Jeeto Devi are father and mother of the petitioner, whereas Nisha Devi and Rajesh Kumar are the sister and brother of petitioner. Poonam Devi, according to complainant is the second wife of petitioner. Mohan Lal has since died.

(2.) IN the complaint, respondent No. 1 has alleged that she is the legally wedded wife of the petitioner. The petitioner has married Poonam Devi during the subsistence of marriage of petitioner with respondent No. 1. The marriage between petitioner and respondent No. 1 took place on 18.1.1995, a daughter Dolma was born from the wedlock on 5.10.1997. At the time of marriage the parents of complainant gave sufficient dowry in the form of "Istridhan" to the complainant. After about one month of the marriage, the petitioner, Julfi Ram, Jeeto Devi, Nisha Devi and Rajesh Kumar snatched ornaments of the complainant. They gave beatings to the complainant on the ground that sufficient dowry was not given in the marriage. They demanded different cash amounts for different purposes, which were paid but that did not satisfy them. The complainant was subjected to physical and mental cruelty by petitioner and others.

(3.) THE complainant waited for long for arrival of petitioner, but ultimately of her own in December 1999, she went to the place of petitioner and found that he was living with Poonam Devi as husband and wife. It came to the notice of the complainant that some relatives of petitioner conspired in arranging second marriage of petitioner with Poonam Devi. At the time of filing the complaint, Poonam Devi was pregnant from the marriage she performed with the petitioner. The matter was reported to Mahila Police Station, Chandigarh, where petitioner gave assurance that he would divorce Poonam Devi.